I've been saying this for a long time.

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  • flightsimmer

    Master
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    Dec 27, 2008
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    And now someone else is asking the same question. This is a reprint from The Political Outcast.

    The 16th Amendment gave the Federal Government the authority and power to tax every citizen. Here’s the wording of the Amendment:
    “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”
    Please note that there is no provision in this amendment that Congress is given the right to unequally apply this power. In looking over all the Constitution’s amendments, I don’t see an unequal distribution of either a freedom or limitation.
    Equality under the law requires that as each of us stands before the courts or the Constitution, no one should be treated in an unequal way. The law applies to every citizen equally, except, it seems, when it comes to apply the 16th Amendment.
    Does the First Amendment parcel out its freedoms in percentages? Doesn’t every person have the same right to speak, write, and assemble? Rich people and poor people have the same percentage of these rights — 100 percent. The same is true of religion. In constitutional terms, all religions are to be treated equally.
    The same is true of the Second Amendment. Everybody has a right to “keep and bear arms” at the same rate. Rich people and poor people have a right to purchase as many guns as they want. Because the rich can afford more guns does not mean that they have to pay more for those guns.
    The quartering of troops is similarly equal in the distribution that “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” No one could argue that because rich people have larger houses that they should be required to open their house to soldiers.
    The same is true about the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments. Read them over and try to apply the percentage differences to them like Congress and the President do with the 16th Amendment.
    The 8th Amendment might apply in the case of increased percentages in taxation because the practice could be considered to be “cruel and unusual punishment.” Liberals regard taxation at ever higher rates as punitive. High taxes are designed to punish the rich. Sen. Rand Paul notes the law of diminishing returns on raising taxes. Taxation is not about increased revenue:
    “You may not get any more revenue. You may not get any more economic growth. But you can say, ‘I stuck it to the rich people.’”
    A progressive income tax is “cruel and unusual punishment.”
    The 14th Amendment could also apply. No State “shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” “Equal protection.” Our government is not permitted to treat people in an unequal manner. In Plessy v. Ferguson (1896), Justice John Marshall Harlan argued the following in his “Great Dissent”:
    n view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.”
    The rich are considered a “class” in American politics. We speak of “class warfare” on a regular basis. Why are the rich classes treated unequally when it comes to legislative law? The taxation of income at unequal levels deprives people of liberty and property.
    All we need now is some lawyer or group of lawyers to make this point in the courts. We need to have the same fortitude as those who have worked for decades to overturn capital punishment.



    Read more: Does Congress Have the Authority to Tax Americans At Different Rates?
     

    bulldog

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    I believe there is concern that the 16th was not properly ratified by the
    number of states required by law. It exists as a byproduct of the creation
    of the FED. I think SCOTUS ruled that no new power to tax was granted. This is why there is no law about income tax. There are codes and such but no one can find
    a law on the books. Not even IRS agents that have been motivated by cash rewards.
     

    Tsigos

    Sharpshooter
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    The 16th Amendment gave the Federal Government the authority and power to tax every citizen. Here’s the wording of the Amendment:
    “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

    Our government is not permitted to treat people in an unequal manner. . . Why are the rich classes treated unequally when it comes to legislative law? The taxation of income at unequal levels deprives people of liberty and property.

    Yes. The rate of tax on investment income is much lower than on earned income. This should be fixed.
     

    patience0830

    .22 magician
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    Yes. The rate of tax on investment income is much lower than on earned income. This should be fixed.


    I think you're missing the point. You are taxing people unequally on a percentage basis. If everyone paid the same percentage of income, income of all types, then every American would have some skin in the game and have a reason to work together to limit government. As it stands now, about half of the country are receiving payments from the government and making no federal contribution at all which gives half the people incentive to grow the government so it can give them more. It discourages the other half from working up to their potential because if they make more, the government just takes more so there's no incentive to work harder.
    Talk about a recipe to kill American exceptionalism. That is it.

    Add to that the fact that the government borrows $.40 or better of every dollar it spends and you have a perfect storm a comin'. Some folks are gonna get hungry enough to eat politicians. And sooner rather than later.:twocents:
     

    Tsigos

    Sharpshooter
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    I think you're missing the point. You are taxing people unequally on a percentage basis. If everyone paid the same percentage of income, income of all types, then every American would have some skin in the game and have a reason to work together to limit government.

    See my point in bold and underlined.
     

    Liberty1911

    Shooter
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    Nov 25, 2012
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    I believe there is concern that the 16th was not properly ratified by the
    number of states required by law. It exists as a byproduct of the creation
    of the FED. I think SCOTUS ruled that no new power to tax was granted. This is why there is no law about income tax. There are codes and such but no one can find
    a law on the books. Not even IRS agents that have been motivated by cash rewards.

    Not sure where you get that info. 16A was ratified almost a year before the Federal Reserve Act was passed.

    And it was ratified by 42 states, well above the 36 needed.
     

    patience0830

    .22 magician
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    Even income derived from sources purchased with after-tax dollars?

    If you work for an employer who withholds taxes, that is the only kind of dollars you receive. :rolleyes:Yes. Even those. The Church asks for a tenth of your first fruits. A percentage of your increase. If you use your after tax dollars to make an increase, yes, a percentage of that increase should be taxable. It just shouldn't be 50 or 60%. For anyone.:xmad:
    Add up all the taxes that you pay in a year including Soc Sec and sales taxes. Imagine writing a check at the end of the year for about 1/2 your income to the government! ( one form or another of it)
    How many people would do this and not scream bloody murder and refuse to pay? There'd be a tax revolt tomorrow if we did it that way. So they nickel and dime us to death, take it before we see it. We're being nibbled to death by ducks and like the frog in a pot of water on the stove we won't do anything til our goose is cooked. (Hows that for mixing a metaphor?)

    T-axed
    E-nough
    A-lready

    And still the government blows through what they take from us by force and borrows like there is no tomorrow. Because for them, there isn't. They think by the time the bill comes due they'll be dead or out of office and billionaires. That leaves us, our children and grandchildren to suffer for their profligate ways. Bass turds, all of them. Stupid, unaccountable B*****s.
     

    Prometheus

    Master
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    Jan 20, 2008
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    The Supreme Court ruled, after the 16th amendment was ratified, that it gave NO additional power of taxation to the federal government.
    The judges of the U.S. Supreme Court rejected any claims that the 16th Amendment changed the constitutional limits on direct taxes in Brushaber v. Union Pacific R.R. Co., 240 U.S. 1 (1916), when they ruled that it "created no new power of taxation" and that it "did not change the constitutional limitations which forbid any direct taxation of individuals."

    So, why does anyone (or 99% of American) pay the tax? Aside from the fact we don't want to have our homes invaded at 3am by masked men with machine guns.
     

    Trooper

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    The 16th amendment was created to set up Prohibition. Until the 16th amendment, most federal taxes were excise tax on alcohol. The feminists had to get rid of the excise tax to set the stage for Prohibition. Thus the income tax is a leftover from Prohibition.

    Frankly we need an amendment that limits the income tax to only being used during times of declared war. Once congress would declare war the income tax would be in effect for 10 years and would be a flat tax.
     
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